Anonymous

Difference between revisions of "Chapter Four Legal Issues in Residential Care References"

From Clicklaw Wikibooks
Line 66: Line 66:
#Best practice guideline for dementia.  
#Best practice guideline for dementia.  
#Trespass Act, [RSBC 1996] c. 462, s. 1 (a) and (b) apply to resident; and section s.1 applies to the operator. “occupier", in relation to premises, means
#Trespass Act, [RSBC 1996] c. 462, s. 1 (a) and (b) apply to resident; and section s.1 applies to the operator. “occupier", in relation to premises, means
##(a) if the premises are land…or are property described in paragraph (a) of the definition of "premises", a person entitled to maintain an action of trespass in respect of those premises,….and [occupier] includes a person who (d) has responsibility for and control over the condition of the premises or the activities there carried on, or (e) has control over persons allowed to enter the premises;
##(a) if the premises are land…or are property described in paragraph (a) of the definition of "premises", a person entitled to maintain an action of trespass in respect of those premises,….and [occupier] includes a person who (d) has responsibility for and control over the condition of the premises or the activities there carried on, or (e) has control over persons allowed to enter the premises; "premises" means land, … and anything on the land including… (a) a building or other permanent structure,
"premises" means land, … and anything on the land including… (a) a building or other permanent structure,
###NOTE:  An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the property.  
###NOTE:  An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the property.  
#RCR, s. 57 (1).
#RCR, s. 57 (1).
1,185

edits